COMPLAINT Page 2 of 43.
On information and belief, Defendant USPA Accessories LLC d/b/a Concept One(“USPA”) is a limited liability company organized and existing under the laws of the State of New York, with an principal office in New York, New York, doing business nationwide. JURISDICTION AND VENUE4.
This is action is pursuant to 35 U.S.C. §§ 101 et seq., the Declaratory Judgment Act, 28U.S.C. § 2201 and other relevant laws.5.
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a),2201(a) and 2202.6.
Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c) and 1400(b) because asubstantial part of the events which give rise to the claims herein occurred in this district andbecause USPA is subject to personal jurisdiction in this district.7.
On information and belief, USPA is subject to personal jurisdiction in the District of Oregon consistent with the principles of due process and the Oregon Long Arm Statute, andbecause USPA offers its products for sale nationwide and has transacted business in this District.PATENT AT ISSUE8.
U.S. Pat. D557,478 is a design patent for the ornamental design of a visor with simulatedhair.9.
It is believed U.S. Pat. D557,478 was issued to David M. Nance on 12/18/2007, andassigned to Backgate Designs, Inc in assignments executed March 17, 2009, and then assignedfrom Backgate Designs, Inc. to USPA Accessories, LLC in an assignment recorded June 18,2012.10.
It is believed USPA Accessories, LLC d/b/a Concept One is the owner of all right titleand interest in U.S. Pat. D557,478.
Case 6:13-cv-00709-TC Document 1 Filed 04/27/13 Page 2 of 4 Page ID#: 2